Regan v. Tierney

John S. Lane & Son, Incorporated, hereinafter referred to as the intervener, furnished materials, for which it has not been paid, to a contractor who used the materials in building a section of highway under a contract with the city of Chicopee. By an intervening petition the intervener seeks to obtain the benefit of a surety company bond given by the contractor as security in accordance with G. L. (Ter. Ed.) c. 149, § 29, as amended (St. 1935, c. 472, § 2; St. 1938, c. 361).

Some time after the filing of its petition the intervener moved for leave to amend the petition. After hearing by a…